Full Constitution deck

Define codified constitution

A single, authoritative document that sets out the laws, rules and principles by which a state is governed, and which protects the rights of citizens

Define uncodified constitution

A constitution that is made up of rules that are found in a variety of sources, in the absence of a single document

Features of a codified constitution

1- Authoritative. It contains 'higher' law, which gives rise to a 2 tier legal system, in which the constitution stands above statute law made by the legislature

2- Entrenched. They are difficult to amend or abolish. The procedure for making and changing the constitution is more complex or difficult than for making ordinary laws

3-Judiciable. All political bodies are subject to the authority of the courts, and in particular a constitutional court.

Features of an uncodified constitution

1- Not authoritative. Constitutional laws have the same status as ordinary laws. States that have uncodified constitutions have single-tier legal system with no higher law

2- Not entrenched. The constitution can be changed by passing a statute law. UK principle of parliamentary sovereignty through which Parliament can make, unmake and amend any law it wishes, including laws that affect the constitution

3-Not judiciable. Judges do not have a legal standard (enshrined in a written constitution) against which they can declare laws bodies as ‘unconstitutional’ as there is no higher law

What are unitary constitution

Establishes the constitutional supremacy of central government over local bodies. They do this by entrusting sovereignty in the national legislature, meaning that it can create or abolish, strengthen or weaken all other institutions. In the UK, this is Parliament. Devolved assemblies and local authorities do not, therefore, enjoy a share of sovereignty.

Why did Blair consider the British constitution in desperate need of repair?

Power was too centralised in Westminster. Citizens rights were insufficiently protected. The government was unaccountable. The public were disengaged from politics.

What were Blair's main themes for constitutional reform?

Decentralisation

Democratisation

Transparency

Rights Protection

Why did Blair consider decentralisation an important constitutional reform point, and how did Blair want to fix it?

Too much power was centralised in Westminster. (Thatcher)

Scotland and Wales were offered their own elected governments. Cities and towns offered mayors.

Why did Blair consider transparency an important constitutional reform point, and how did Blair want to fix it?

There is a lack of trust in government.

The senior judiciary would be reformed. Freedom of Information Acts would make the government more accountable.

Why did Labour want to reform the House of Lords in 2000?

Why did Labour want to reform the House of Lords in 2000?

The government wanted it to be a more professional body by ensuring membership was based on merit and accomplishment rather than hereditary status.

What was the final major constitutional reform of Blair's government?

Constitutional Reform Act 2005.

The House of Lords is no longer a judiciary.

Opening of the Supreme Court.

Judicial Appointments Committee makes recommendations to the justice secretary on appointment of judges.

The new head of judiciary is no longer a political figure.

Creation of Lord Chief Justice.

What was the major constititional reform that the coalition government made?

Fixed-term Parliament Act 2011.

Why was the Fixed-term Parliament Act 2011?

A general election should be held exactly 5 years after the previous.

Snap elections became much more difficult to call.

If the government loses a vote of no confidence or the Commons agrees to a General Election by 2/3 majority a GE can be called.

How did the coalition further devolve power?

Increasing legislative power in Wales.

Scotland's ability to vary income tax by 10p.

The Scottish Government was given authority to borrow up to £5 billion.

What was the Act known as that established the Scottish Parliament and Executive?

Scotland Act 1998.

What did the Scotland Act 1998 involve?

Devolution of primary legislative powers to Scotland, including:

Local government

Housing

Environment

Law and Order

Education

Health

Income tax varying by 3p.

How has Scotland used their devolved powers?.

Ban smoking in public places.

Freedom of Information Act 2002.

No tuition fees.

Council tenants cannot purchase their housing

What powers does Westminster reserve over Scotland?

Issues such as:

Foreign policy

Defence

Immigration

Monetary policy

What powers were Wales given due to devolution?

Powers over:

Healthcare

Education

Transport

Agriculture

What do Wales' devolved powers mean in practice?

They get to decide how to implement Acts of Parliament which had been passed at Westminster.

What powers did the Wales Act 2014 devolve to Wales?

Control over the number of taxes.

Change of the name from Welsh Assembly Government to the Welsh Government.

What powers did the Wales Act 2017 further devolve?

Right to vary income tax by up to 10p.

Power over electoral arrangements.

Power over transport.

Power over energy.

Establishes the Welsh government as a permanent feature of the UK constitution.

What powers have been given to NI

Education

Agriculture

Transport

Policing

Housing

Health and Social Services

How have critics argued the constitutional reforms have not gone far enough?

Devolution has not been granted to England.

House of Lords still lacks democratic legitimacy.

ECHR has been incorporated into UK law, but citizen's rights have not been entrenched in a constitution

Why do people argue against further House of Lords reform?

It contains experts from every field, making their scrutiny high quality.

The House of Commons prevails due to their democratic legitimacy, preventing gridlock between the two houses.

Why did the case for electoral reform seem important in 2015?

A multiparty democracy seemed more likely.

UKIP and Green won 5 million votes but only won 2 seats.

Why has the case for electoral reform curtailed since 2015?

In 2017, Conservatives and Labour took 82.4% of the popular vote.

What are the arguments in favour of further devolution to England?

England is the most populous region, yet does not have their own government.

There is a popular case for devolution.

There is an asymmetric UK.

The Bartnett Formula means that spending per capita in England is less than in other regions in the UK.

Regional identity is strong in regions such as Cornwall and Yorkshire.

What are the arguments against English devolution?

Most English people are content that their interests are sufficiently represented in Parliament.

EVEL mostly addressed the West Lothian question.

An English Parliament could threaten the Westminster Parliament.

Not all areas of the UK have a strong sense of regional identity.

There could be a democratic overload which would undermine the legitimacy of any results.

What are the other countries that do not have a codified constitution?

Israel, Saudi Arabia, Canada and New Zealand.

What problems would the Investigatory Powers Act 2016 have run into in an instance with a codified constitution?

Civil liberties would have been protected in a codified constitution.

What have the criticisms of EVEL said?

It is an inherent advantage for Conservative governments, and disadvantage for Labour governments.

Conservatives tend to win most, if not all, of their seats in England.

Should the UK have a codified constitution with an entrenched Bill of Rights? (Yes)

Protections from arbitrary government.

Acts of Parliament can suspend provisions from other governments.

The authority of the Supreme Court would be enhanced.

A codified constitution would clarify the relationship between branches of government.

Minority rights can be more protected.

3 sections of parliament

House of Lords, House of Commons and the monarchy

What are federal constitutions?

Divide powers between 2 levels of government. Both central government and regional government possess a range of powers that the other cannot encroach on. Many argue that as devolution has deepened, the UK's constitution has acquired a 'quasi-federal' character

Examples of statute law

Scotland Act 1998- established the Scottish Parliament

Government of Wales 1998- established Welsh Assembly

Human Rights Act 1998- translated the ECHR into statute law

House of Lords Act 1999- reduced the number of hereditary peers sitting in the House of Lords to 92

Constitutional Reform Act 2005-provided for a Supreme Court to take over the role of the Law Lords

Fixed-term Parliament Acts 2011- introduced the principle of fixed-term elections for the Westminster Parliament

Key Developments of the UK's constitutional settlement

Magna Carta (1215)

Commonwealth (1649-60)

Glorious Revolution (1688)

Bill of Rights (1689)

Act of Settlement (1701)

Acts of Union (1707)

Parliament Acts (1911 and 1949)

European Communities Act (1972)

New Labour reforms (1997-2001)

EU Withdrawal Acts (2018)

What is the Magna Carta

• 'Great Charter of Freedoms' imposed by rebellious barons on King John of England

• 1st systematic attempt was made to distinguish between monarchy and tyranny, based on the requirement that the King should rule justly and in accordance with a body of defined law and custom.

• Established the right of 'Habeas Corpus' (allows appeal against imprisonment without trial)

How is the monarchy significant for the constitution

Serves as a symbol of political unity above party politics

Monarch has the right to:

• be informed

• be consulted

• warn

• encourage

Is the UK constitution fit for purpose - Yes

• Flexibility: The UK legal system is flexible due to statute law, allowing for easier passage of legislation compared to amending a codified constitution. This adaptability enables the legal system to stay relevant, as seen in instances like devolution responding to increased nationalism in Scotland and Wales.

• Democratic Rule: The elected House of Commons holds supreme constitutional authority, reflecting democratic principles. The reduction of powers in the House of Lords through the Parliament Acts aligns with the idea that an unelected chamber should not obstruct elected government policies, although exceptions, like David Cameron's election from the House of Lords, pose challenges.

• History and Tradition: The UK legal system, shaped by historical evolution, avoids entrenching outdated ideas within a codified constitution. This adaptability contrasts with the potential rigidity of a codified constitution that codifies historical rights.

• Effective Government: Supported by statute law, the UK government can take strong and decisive actions. Decisions backed by statute law hold sovereign authority, providing a foundation for effective governance. For instance, the government's decisive actions during the Brexit process, such as implementing lockdown measures, demonstrate this effectiveness.

Is the UK constitution fit for purpose - No

• Uncertainty: difficult to know what is being said. Flexibility is NOT a positive trait. Constitutions need to be clear and rigid as their job is to tell the government what to do. confusion surrounds many constitutional rules because they are not clear-particularly around unwritten rules, such as conventions

• Centralisation: UK has an over centralised system of government with ineffective checks and balances, undermining democratic systems. Despite the reforms since 1997 government can still not be effectively checked, one of the key jobs of a constitution

• Weak protection of rights: weak protection for individual liberties and basic rights. Passing of Human Rights Act 1998 has improved rights protection but it is not an entrenched bill of human rights

• Elective dictatorship: Once elected, UK governments can act as they please until they come up for re-election. This is because sovereign power is vested in hands of Parliament and Parliament is routinely controlled, even dominated, by the government of the day. By concentrating the power in the hands of the executive, it allows the government of the day to shape and re-shape the constitution however it wishes, creating the impression that the UK doesn't have a constitution

Has devolution been a success?

Yes:

• Democracy closer to the people

• Devolved assemblies are very popular, no main parties suggesting devolution should be overturned

• Secured a peaceful environment in NI for over 20 years

• Metro mayors have led to greater regional identity

• Welsh interest in devolution has increased since the very narrow referendum vote, as has the demand for greater powers for their Parliament

No:

• Dramatically increased the demand for Scottish independence

• Asymmetric devolution: differing powers of the different institutions is confusing

• NI government has been suspended and the province ruled from Westminster many times

• Interest in Metro mayors is low (29%)

• England has been short-changed in terms of devolution

Define Devolution

The division of powers among regions of the country.

Define codified constitution

A single, authoritative document that sets out the laws, rules and principles by which a state is governed, and which protects the rights of citizens

Why did Blair consider democratisation an important constitutional reform point, and how did Blair want to fix it?

There should be a greater usage of referendums on important constitutional reforms.

To encourage democracy, the House of Lords would be reformed

Why did Blair consider rights protection an important constitutional reform point, and how did Blair want to fix it?

There was a lack of human rights protection.

Incorporation of the European Convention on Human Rights (ECHR) into UK Law.

How did the Conservative government address the West Lothian question?

They introduced EVEL (English Votes for English Laws).

Only English MPs get votes on English laws.

What event caused further desire for independence in Scotland?

The fervently remain vote in Scotland compared to the leave vote for the rest of England and Wales.

How was power to be shared under the Good Friday Agreement 1998?

A power-sharing assembly to fairly represent both unionists and nationalists.

What are the rules of first minister and deputy first minister in Northern Ireland?

The leader of the largest party is first minister.The leader of the second largest party is deputy first minister.

If one resigns, then the other must also resign.

Why are there supporters of the UK's uncodified constitution?

It allows legislation to respond to social developments.

British constitution is highly democratic.

How often are representatives elected?

Every 2 years

How old must a Representative be to be elected?

25 years old

How long is a Senator’s term?

6 years

How were Senators originally chosen? Which Amendment changed that?

Originally by state legislatures

Changed by 17th amendment

How old does someone have to be to be a senator? 

30 years old

Who is the president of the Senate and when may that person vote? 

Vice President; in case of a tie

Which legislative body has the power of impeachment and which body has the power to try an impeached official? 

House has the power to start impeachment proceedings

Senate holds the trial

Who shall officiate when a president is tried for impeachment? 

Chief Justice

What is the required vote to convict someone who has been impeached? 

2/3 vote by senate

What is the only penalty that can be imposed on someone who has been impeached? 

Removal from office and disqualification from holding future office

Who decides the times, places, and manner for holding elections for Congress? 

State legislatures

In what federal body do all bills concerning taxes originate?

House of Representatives

What fraction of both houses must vote to override a veto?

2/3 of both Houses

Hyper partisanship makes this very unlikely

What happens when a president doesn't return a bill in 10 days and what is the exception to that rule? 

It becomes law, unless congress is adjourned (not in session)

In Section 8, the Constitution lists or enumerates the powers of Congress. List six of them. 

• Lay and collect taxes

• Borrow money

• Regulate commerce

• Establish naturalization

• Establish post office

• Declare war

• Raise and support army

In Section 8, which clause gives Congress the most general, non-specific powers? 

Necessary and proper clause - the elastic clause

In Section 9, there are three limitations on the power of Congress to deny people rights. What are those three limitations?

• No end to slave trade until possibly 1808.

• No suspending Habeas Corpus (arresting w/o due process)

• No Bill of Attainder (laws that are only a punishment)

• No Ex Post Facto laws (making something illegal and prosecuting after it happens)

How old does someone have to be to be elected president? 

35 years old

Name three powers of the President. 

• Commander in Chief

• Pardons

• Make treaties

• Appoint ambassadors

• Nominate judges

• Fill vacancies during recesses

Name the body of Congress that must approve a treaty that the president has negotiated and the fraction of the vote they must approve it by. 

2/3 Senate

Which body of Congress approves nominations?

Senate

What is the term of office for Supreme Court justices? When may they be removed? 

For life

Can be impeached

What is the topic of Article IV? 

Relationship between states and with the federal government

What does the Constitution say about how one state must regard the laws of another state? 

“Full faith and credit” clause - respect other states laws

What fraction of the houses of Congress is necessary to approve a proposed amendment? 

2/3 of both houses

What fraction of the states must approve a proposed amendment for it to be ratified? 

¾ of states

What does the Constitution say about which law shall predominate if there is any conflict between laws?

Constitution and Federal laws are the supreme law of the land

What qualification for holding any public office is forbidden? 

No religious test shall ever be required

How many states had to ratify the Constitution? 

9/13 states

Name the five basic civil liberties guaranteed in the First Amendment. 

Freedom of:

• Religion (+ no national religion)

• Assembly

• Press

• Petition

• Speech

Which amendment extended the vote to 18-year-olds? 

26th

Which amendment outlaws "cruel and unusual punishments?" 

8th

Put the Ninth Amendment in your own words. 

Rights not specified by the Constitution are retained by the people

Put the Tenth Amendment in your own words. 

Powers not given to the US government are reserved to the states, and the people.

What phrase is repeated in both the Fifth and Fourteenth Amendments? 

Due process

Which amendment defined citizenship? 

14th

Which amendment prohibited alcohol? Which Amendment repealed the prohibition on alcohol? 

18th + 21st

Which amendment decided that a person could be president for only two terms? 

22nd

Which amendment establishes what to do if the president is incapacitated and can't perform duties?

25th

Constitution

A collection of rules principles and conventions that outlines the political system location of soverignty and the relationship between the government and those being governed

Federal government

The national government of the USA constituted of three branches- Congress, the presidency and the judiciary

Federalism

A system of government in which power and sovereignty are shared between the federal government and individual states

Principle

A fundamental belief or ideal constitutional principles may not be named in the constitution but they underpin the entire document and can be seen throughout the text

Limited government

A government that is subject to restrictions on the power it can excercise over a country or its citzens. In the USA these are laid out through checks and balances in the Constitution

Seperation of powers

The complete seperation of the three branches of government: Congress, the presidency and the Supreme court

Checks and Balances

The power of one branch to directly prevent the action of another branch. All branches of government can do this which provides a ‘balance’ of power

Bipartisanship

The ability of two or more parties to work together to achieve an outcome this enforced by the super majorities required in the constitution

Codification

A single written document containing all of the constitutional rules and principles

Judicial

A constitution that contains a higher form of law and therefore allows other laws to be judged against it and be deemed either ‘constitutional’ or ‘unconstitutional’