The Constitution and devolution knowledge test

Magna Carta

Signed in 1215, the Magna Carta limited the power of the monarch, established the right to a fair trial, and ensured due process in the law.

Bill of Rights

Enacted in 1689, the Bill of Rights granted exclusive lawmaking and revenue-raising powers to Parliament, ensured free elections, protected parliamentary privilege, mandated frequent parliamentary sessions, and prohibited cruel and unusual punishments.

Act of Settlement

Passed in 1701, the Act of Settlement allowed Parliament to select the monarch and prohibited Catholics from ascending to the throne.

Acts of Union

The Acts of Union in 1707 and 1800 brought Scotland into the country of Great Britain and established the Union with Ireland, respectively.

Parliament Acts

Enacted in 1911 and 1949

Parliament Act 1911

• Removed the power of the House of Lords to block money bills by imposing a maximum 2 year delay

• Reduced parliamentary years from 7 to 5 years

Parliament Act 1949

• Reduced the power of the House of Lords to delay non-money bills to one year

European Communities Act 1972

• Passed in 1972, the European Communities Act enabled the UK's membership in the Common Market (EEC), the European Coal and Steel Community, and the European Atomic Energy Community.

• Incorporated the Treaty of Rome into UK law , making EU law superior to domestic law

European Union (Withdrawal) Act

Enacted in 2020, the European Union (Withdrawal) Act facilitated the UK's exit from the European Union.

Uncodified

The UK constitution is not written down in a single document but is derived from various sources.

Unentrenched

The UK constitution can be easily modified by Parliament without any special procedures or requirements.

Unitary

The UK constitution establishes ultimate power in a single central authority.

Parliamentary sovereignty

The UK constitution grants Parliament absolute legal authority, making it the supreme governing body.

Convention

A convention in the UK constitution refers to the traditional practice of the monarch always giving royal assent to an Act of Parliament.

Statute law

Statute law refers to laws passed by Parliament, such as the Fixed-Term Parliaments Act 2011.

Work of constitutional authority

Erskine May is a notable work of constitutional authority that provides guidance on parliamentary procedures and practices.

Common law

Common law refers to legal principles and rulings established by judges through court decisions.

European law and treaties

Formerly a significant source of the UK constitution, European law and treaties were superseded following the UK's withdrawal from the European Union.

Human Rights Act

Enacted in 1998, the Human Rights Act incorporated the European Convention on Human Rights into UK law, protecting fundamental rights and freedoms.

Good Friday Agreement

Signed in 1998, the Good Friday Agreement brought peace to Northern Ireland and established the Northern Ireland Assembly.

Scotland Act

Passed in 1998 as part of devolution, the Scotland Act established the Scottish Parliament and granted it certain legislative powers.

Government of Wales Act

Enacted in 1998 as part of devolution, the Government of Wales Act established the Welsh Assembly.

Greater London Authority Act

Passed in 1999 as part of English devolution, the Greater London Authority Act established the London Assembly and the position of Mayor of London.

House of Lords Act

Enacted in 1999, the House of Lords Act significantly reduced the number of hereditary peers in the House of Lords, leaving only 92 in office.

Constitutional Reform Act

Passed in 2005, the Constitutional Reform Act established the Supreme Court of the United Kingdom and separated the executive branch from the judiciary.

Fixed-Term Parliaments Act

Enacted in 2011, the Fixed-Term Parliaments Act made it more difficult to call early elections, setting a fixed term of five years for Parliaments.

Protection of Freedoms Act

Passed in 2012, the Protection of Freedoms Act regulated security and surveillance powers to protect citizens from excessive state intrusion.

Wales Acts

Enacted in 2011 and 2017 as part of devolution, the Wales Acts granted additional powers to the Welsh Assembly, including taxation powers.

Scotland Acts

Passed in 2012 and 2016 as part of devolution, the Scotland Acts granted taxation powers to the Scottish Parliament.

House of Lords Reform Act

Enacted in 2014, the House of Lords Reform Act allowed peers to retire or resign and introduced measures to remove non-attending members.

Recall of MPs Act

Passed in 2015, the Recall of MPs Act allows voters to recall their Member of Parliament in cases of serious misconduct.

Alternative Vote referendum

Part of the Coalition agreement in 2011, the Alternative Vote referendum aimed to change the voting system but did not achieve the desired outcome for the Liberal Democrats.

British Bill of Rights

A proposed replacement for the Human Rights Act, the British Bill of Rights is advocated by the Conservative Party.

Additional Member System

The Additional Member System is an electoral system used in the Scottish and Welsh Parliaments to ensure proportionality between political parties.

Permanent

The Scottish and Welsh Parliaments have permanent status and can only be abolished through a referendum.

45%

In the 2014 Scottish independence referendum, 45% of voters supported independence.

Scotland Act

Enacted in 2016, the Scotland Act granted additional financial powers to Scotland, including the authority to set income tax rates and bands, receive 50% of VAT raised in Scotland, and control certain welfare benefits.

Primary legislative powers

Following a 2011 referendum, Welsh voters obtained primary legislative powers, allowing the Welsh Assembly to make laws in devolved areas.

Single Transferable Vote

The Single Transferable Vote is an electoral system used in Northern Ireland to ensure proportional representation between unionists and nationalists.

Power-sharing devolution

In Northern Ireland, power-sharing devolution requires both unionists and nationalists to share power in the executive government.

DUP and Sinn Fein

The Democratic Unionist Party (DUP) and Sinn Fein are the current political parties forming the Northern Ireland executive.

2002-2007 and 2017-2020

The Northern Ireland Assembly was suspended from 2002 to 2007 and again from 2017 to 2020 due to disagreements within the power-sharing government.

Barnett formula

The Barnett formula is a funding formula that determines the allocation of financial resources to the devolved nations, but it has been criticized for being non-statutory and disadvantaging England.

Devolution

Devolution has both positive and negative consequences. Positively, it provides more representation in Scotland, Wales, and Northern Ireland, and has been supported by voters in these nations.

Negatively, it has been implemented in a piecemeal manner, has strained the unity of the UK, raised the West Lothian Question, resulted in an unstable Northern Ireland government, led to policy divergence, and produced mixed results in the performance of devolved governments.

Codified constitution

The debate surrounding a codified constitution in the UK includes arguments in favor of providing clarity, limiting executive power, and protecting citizens' rights.

However, there are also arguments against codification, including concerns about reduced flexibility, excessive judicial power, undermining parliamentary sovereignty, reflecting only temporary sentiments, difficulty in making changes, and lack of consensus on its content.

Strengths of UK CONSTITUION

• gradual evolution over time, adaptability

• recent legitimacy through referendums, the advisory roles of the House of Lords and the monarch

• improved representation through devolution

• the establishment of an independent Supreme Court

• the executive's ability to fulfill pledges

• the placement of power in the hands of elected representatives through parliamentary sovereignty.

weaknesses of UK constituion

• destabilization of the Union and perceived unfairness to England due to devolution

• an unfair electoral system

• inadequate protection of rights and the rule of law

• the potential for changes to be undone by future Parliaments

• unelected positions in the monarchy and the House of Lords,

• referendums compromising parliamentary sovereignty

• lower voter turnout

• lack of representativeness in Parliament

• ineffective checks on the executive due to party discipline

• disillusionment among citizens

• concentration of power leading to an elective dictatorship

  the need for clarification from unelected courts.