Constitution Nathan

Characteristics

Characteristics

• unccodified

• Unentrenched

• Unitary, with parliamentary sovereignty

Sources of constitution

• statute law - momentous acts of parliament (1911 parliament act, 1998 HRA) take precedence

• Common law - ‘judge-made law’ (e.g., Somerset v Stewart undermined legitimacy of slavery before abolition)

• Conventions - political customs w/o legal obligation (e.g., Salisbury convention, referendum for constitutional reform)

• Authoritative works - significant texts by Bagehot, Dicey ect - clarifies relationship between branches (technically any book entered into the parliamentary library officially)

• Treaties e.g., ECHR, Maastricht

Constitutional developments - Blair

Decentralisation:

• Parliament/Assemblies granted to Scotland, wales and NI but NE assembly rejected in 2004

• GLA and London mayor created in 1998 Local gov act 2000 allows local authorities to call referendum on directly elected mayors

Democratisation:

• HoL reform; hereditary peers reduced to 92, appointments commission created (based on merit)

• Electoral reform (Jenkins commission AV+ proposal, PR for devolved elections)

Rights protection:

• HRA 11998 (incorporated ECHR into law) BUT unentrenched

• Constitutional reform act 2005 - SC created 2009

Transparency:

• FOI act 2000

Constitutional developments - Coalition

Parliament:

• 2011 fixed-term parliaments acct - parliamentary consent required to call elections BUT minimal impact (2017+2019)

• Select committees elected by MPs, backbench committee created

Devolution:

• primary legislative power given to wales, greater tax-varying powers given to Scotland

• PCCs created in 2012 (turnout 15%)

Elections:

• AV refurendum 2011

• Recall petitions trigger by-elections if 10% of constituents sign (e.g., Pete Bone)

Constitutional developments Post-Coalition

• metro mayors introduced without referendum

• EVEL introduced in 2015 BUT repealed in 2021

• 2022 election act (Voter ID, replaced SV with FPTP in all elections)

• FTPA reaped 2022

• Starmer gov (possible abolition of hereditary peers)

Devolution - Scotland

• Scotland act 1998 established Parliament, primary legislative powers e.g., health, education, 3p income tax varying powers

• Used for free tuition fees and ending right to buy

• Scotland act increases tax variation to 10p, control abortion ect

• Gender recognition reform bill 2022 blocked by Westminster (under 98 act)

Devolution - Wales

• Govt of Wales act 1998 granted executive but not legislative powers

• Gov of wales act separated executive from legistlation and granted limited legislative power

• Wales act 2014 granted control over taxes, extended to 10p in 2017 act

Devolution - NI

• Power-sharing set up in 1998; FM leader of largest party, DFM leader of second largest party (possess equal powers)

• STV used for elections (ensures cross-factional representation)

• Control over education, health, ect

• Assembly suspended in 2002, 2017 and 2022 (refusal from one of the main parties o form a gov)

Proposed constitutional reforms

• Elected HoL- more democratic BUT risk of glockenspiel

• English devolution - combats asymmetric devolution and anti-English bias of Barnett formula BUT little demand (so likely low turnout) and would be solved by EVEL

• Codified constitution - would entrench rights and prevent manipulation of political process for partisan gain BUT risk of fossilisation and too much judicial power