The Constitution

The Constiution Edexcel Paper 2

Unitary

In a unitary state power is centralised and the central government posses absolute authortity

Federal

In a federal state power is shared and dispersed.The power of the central government is limited by the soverign power of lower levels of government over which it has no authority

What are the twin pillars of parliamentary soverignty?

Identified by AV Dicey

Parliament has the ultimate law making authority it can make or unmake any law

The government must act in accrdance to law and the courts must ensure gov act within this

Devolution

The transfer of power from central government to regional legislatures these powers are said to be devolved rather than given away since the central government retains sovereignty and so in theory could reclaim them

Statute law

A parliamentary bill that has been approved by both houses of Parliament and then given royal assent in the Uk there is no authority greated than statue law

Examples of Statute Law?

Human Rights Act 1988

Equality Act 2010

Common Law

Refers to the judgement made by judges in important legal cases sometimes reffered to as 'judge-made-law' common law sets precedents to be followed in future cases

Conventions

Represents the accustomed way in which political activity is carried out conventions are not legally binding their constituational significance derives from tradition

Examples of conventions?

Salisbury Convention (cant block.veto whats in gov manifesto)

Prime Minister Must Be a Member of the House of Commons

Monarch Must Give Royal Assent to Bill s

Collective Ministerial Responsibility

Authoritative works

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

Treaty

A written agreements between two or more political entities

Uncodified

The constitution is not once document but many and isn’t in once place

Unentrenched

The constitution can be changed by an act of parliament and created by one also

Parliamentary sovereignty

No parliament can bind its sucessor to its decisions or and anything passed in one parliament can be removed and no body can strike down an act of parliament

Rule of law

All citizens must obey the law and no one is above it, the judiciary are independent of the political system

When was the Magna Carta

1215

What was the Magna Carta

No one could be deprived of liberty and property and the King must consult parliament to raise tax

When was the bill of rights

1689

Context of the Bill of Rights

James II was ruling by decree

Post glorious revolution

Catholic monarch with catholic son

Mary and William (his daughter) made ruoler

What is the bill of rights?

Should be regular parliaments

Free elections

Freedom of speech within parliament

When was act of settlement?

1701

What did act of settlement do?

Allow parliament to decided line of sucession

When has act of settlement been used?

David Cameron gave daughter equal rights with sons in sucession when William and Kate having a baby

Removed ban on Catholic spouses (charles and camilla)

Context of Magna Carta

Context of a feudal system and a tyrannical king, and was a response to a rebellion by barons against King John  

When was Acts of Union

1707

What did Act of Union do?

United England and Scotland had same monarch since 1603 (westminister had representative from both countries )

When did the Act of Union change

Under Blair 1997

SNP moving for complete independence

When was act of parliament 1

1911

Why was act of parliament 1911

House of Lords blocked peoples budgets

What did 1911 act of parliament do?

Finance bills could not be delayed by more than 2 years

What was act of parliament 2 do?

Reduced the power of delay to 1 year

When was act of parliament 2?

1949

When was European communities act

1972

What did European committes act do

Eu law takes precdencent of UK law

Recent changes to European communties act 1972

Following Brexit this end

Statute Law examples

The Great Reforms Act 1832 1867

Parliament act 1911 1949

Fixed term parliaments act 2011

Statute Law flaws

can be changed parliamet to parliament

What is a constitutional monarch?

1. The monarch has no political power or role.

2. The monarch's arbitrary powers are exercised by the prime minister. These powers include appointing and dismissing ministers, conducting relations with foreign powers and commanding the armed forces

Examples of commons law

Innocence until proven guilty in 1679

Royal prerogative- right to declar war

Marital Rape (1991)

Examples of convention

Brown only saying war can be declared with parliaments approval

Monarch giving act of parliament royal assent

Referendums to decided constitutional issues eg EU, Devolution, Voting system

Name of the authorative work of Walter Bagehot

The English Constitution (1867)

Role of PM and Cabinet

Name of the authorative work of A.V Dicey

An introduction to the study of the law of the consitution (1885)

Parliament soverign

Name of Authorative work of Erskine May

Treatise on the Law, Privileges, Proceedings and Usage of Parliament

BGuides MP and Lords on how parliament works

Flaws of authorative works

No legal backing

Very old

19th century

Examples of Treaties

European Convention on Human Rights (ECHR)

Geneva Convention ACT (1957)

International convention for the permanet control of outbreak areas of the red locust 1949 non europe ones

Labours aims 1997-2010

Modernisation

Democratisation

Decentralisation

Strengthen rights

What did Labour 1997-1998 leading to it being known asymmetrical power

Different referendums with unequal rights- Scottish Wales Northern Ireland referendums

How many people wanted a scottish parliament 1997

74%

What powers were Scottish government given in 1997

Tax varying [pwers

Control of Health

Tourism control

Election control-16-17 can vote

What further powers were givewn to scotland in 2012

Borrowing powers

Drink driving limits

Regulations of air weapons

Problems created by Scottish devolution

Scottish MPs could vote on issues not impacting on their constituents

Why is the barnett formula unfair to England

Scotland recieve more money per head than england

How many people wanted a Welsh gpvernment

50.3%

What was turnout to Wlesh devolutoin

50.1%

What do the Welsh parliament control ?

Health

Social services

Agricuolture

Housing

Culture

Sport

What is 1998 Good Friday Agreement

Brought unionists and nationalists together to end the troubles

What do the NI assembly control?

Health

Social Services

Agriculture

Transport

Eduction

Sport

Tourism

How did Labour perform electoral reform??

Scottish Parliament and Welsh (AMS)

NI (STV)

European Parliament (Regional Lists)

What did Roy Jenkinss report in 1998 say

possible voting reofrm in the Uk for general elections but they won a huge FPTP victory so decided against it

What were Labour house of Lords reforms?

End hereditary peers to only 92

Nominate crossbench peers

Potentially electing the house of lords

What did the Labour HOL reform end

Conservative dominance

What was HOL reform supposed to be

First of many but didnt continue

What was the Labour Humans Rights act 1998

Incorporated European Convention on Human rights into UK law

Right to Thought

Right to fair trials

Right to Marry

Right to privacy

What was an exception made to the Human rights act in 2005

Those suspected of terrorism in terms of rights to liberty and security

Labour reform to the Supreme Court

Created the supreme court in 2005

Took over the role previouslt done by the law lords

Greater sepration of powers

What Happened with Johnson in 2019 with Supreme court

Future of it was in question as he perogaed parliament

What did the Cons-Lib coaltion mean

Further consitution reform and devolution was on the agenda

What did 2014 Con-Lib Wales Act give wales

Control of Stamp duty and landfill

What did the coalition set up 2011?

Fixed term parliament act as they had too much control of when to call and election (5 years)

If early 2/3 majority, no confidencem no gov formed in 14 days
Further devolution to wales

Flaws of fixed term parliament act

PM can goad the opposition

‘you want me to stay?’

‘are you scared?’

What did the Lib Dems block of conservative reofrm

Make consititucnes 600

What referendum did Lib Dems proposed in 2011

AV voting system

How many people voted against AV

68%

What was 2014 Independce referendum want?

Full independence

55% no

Further reform in scotland since 2015

Close to complete devolution

Control completely of income tax

Control of 50% of VAT

Control of key welfare benefots

Control over franchise rules (no in general)

What is English Votes for English laws

English MPs can vote for English laws

What is recall of Mps act 2015

Mps can be removed if given a custodial sentence or are suspended for parliament for more than 21 days or 10% of constituents sign a petition

What did Boris Johnson change regarding the consitution?

Removed Fixed term parliament act

Should we codify the consitution?

Safeguard citizens enshrining their rights

Allow people to understand their rights

Clear seperation of powersm

Remove undemocratic institutions

Could give rise to civic nationalism as people could understand

Reform since 1997 has been left unfinished and assymetrical

Why codification is bad

No system for building one (no revolution) no clear mechanism for drafting debating and ratifying

No census of what it would contain

Would it become outdates eg gun laws in america

Too vague/ too specific

Constitution still functions and adapts to many chnge

Codified consitution is too hard to change

Would take power from elected politicans to unelected people (supreme court overturning in US)

No popular support for this move

What did the daily mail call the supreme court?

Enemy of the people

What are current constiutional debates?

HOL Reform

Further Devolution
Conservatives wanting to remove the ECHR (ERG)

Flow of Power to Executive

Dissconnect of people and the state

What did Covid show for Scotland Wales?

They decided their own policy so can be argument for more independence however the lack of codification allow flexibiloty

Wales leader of Labour?

Mark Drakeford

Why has SNP seen a fall in Scotland? (labour has replaced)

Sturgeon and Husband under investigation for embezzeling money

Hamza Yousuf not seen as strong leader

What did Starmer initally want to do to HOL?

Abolish it

Tweeted to replace it with a elected chamber of regions and nations

What is West Lothian Question?

Whether Northern Ireland, Scottish, Welsh Mps can vote on matters than only affect England

What happened to EVEL?

Suspended it

What devolution is present in England?

• Metro Mayors

• Local Governments

• Northern Levelling up

Where is metro mayors and what are their names?

London - Sadiq Khan

Manchester- Andy Burnham

Liverpool- Steve Rotherham

West Midlands- Andy Street

England should have devolution?

Metro Mayors have been bery secuessful- Burnham metory system

West Lothian Wuestion

Assymetrical devolution

Englad should not have devolution?

Already makes up about 85% of UK so could dominate Uk politics

EVEL introduced

ALready participation Crisis

Overlap of powr

Should reform be taken further?

More devolution in England

Civil Liberities need to be taken farther

HOL reform