UK Government Unit 1: The Constitution key words - Edexcel A-Level Politics

constitution

the set of rules and principles by which a state is governed. it establishes:

• power, duties and limits of government

• relationship between the institutions

• relationship between state and individual

codified

codified constitutions are authoritative. the constitution is a ‘higher’ law, creating a 2 tier legal system.

judiciable - government + statute law can be found as unconstitutional and therefore subject to court authority.

OFTEN entrenched.

uncodified

provisions of uncodified constitutions are on the same level as any statute law

not judiciable - no higher law to compare new laws and government too → though note that the new laws + government actions in the UK can be declared incompatible with the Human Rights Act

OFTEN UNentrenched.

entrenched

constitution is rigid and difficult to change. amendments can be made to change or repeal parts of the constitution but it’s often very difficult.

unentrenched

constitution is fairly easy to change due to being considered on par with any other statute law. however there can be entrenched aspects of unentrenched constitutions - for example, parliamentary sovereignty.

unitary

establish a central power (government) with sovereignty over local bodies + all other institutions

federal

central and regional governments have a number of powers each which the other cannot encroach on 

parliamentary sovereignty

parliament is the supreme source of authority with the power to change, add and remove laws as it pleases. this puts parliament at the heart of the constitution

constitutional monarchy

a system of government wherein the monarch serves as the head of state but is limited severely in their powers by a constitution. they often have significant residual power 

habeas corpus

introduced by the Magna Carta in 1215. establishes that no-one is to be deprived of their liberty or property without due process

statute law

all the pieces of legislation created by parliament, including those seen as more constitutional than others

common law

created by judicial rulings over time - prior cases and rulings set a precedent for how similar cases in the future should be prosecuted.

used where there’s no statute law for something illegal, or where statute law is vague, outdated or contradicts itself

conventions

customs and traditions that have endured throughout history, mainly upheld to maintain the integrity of our democracy

works of constitutional authority

books that consolidate and interpret information on one section of law or governance for judiciary use. they aren’t legally binding but taken as guides to how the constitution functions.

the rule of law

several parts:

• the judiciary can interpret and wield law

• all people must abide by the law 

• all are equal in the eyes of the law

• haebeas corpus

Dicey’s Twin Pillars

the two fundamental aspects of the British constitution proposed by A.V Dicey in 1885. these are:

1. the rule of law

2. parliamentary sovereignty 

quasi-federal

where there’s a division of power between central and regional government mirroring a federal system whilst still legally being unitary - e.g. the countries of the UK have control over education, voting age etc.

devolution

decentralising governmental power 

treaties

agreements between 2 or more countries under international law, governing a nation’s relationship with other nations. to be effective, they need to be ratified by both parliaments.

parliamentary government

the PM and his cabinet have ruling powers taken from and with a duty to the law. In this past, this power was with the monarch and the UK was an absolute monarchy

the 3 branches of government

1. the legislative who make the laws

2. the executive who implement laws and ‘rule’

3. the judiciary who enforce that laws are followed

1 and 2 are referred to as THE government.

government and the government ARE NOT THE SAME.

devo max

the idea of complete fiscal independence for scotland whilst still being subject to governance of westminster on things like foreign policy

EVEL (English Votes for English Laws)

if a law only affected England, it required a majority from English MPs to be passed.

introduced after some contentious bills only affecting England passed in the 2000s due to Scottish MPs support (e.g. to raise English uni fees, 2004)

insanely complicated and bureaucratic as bills had to be evaluated at every stage for EVEL eligibility. suspended in 2020, abolished by law 2021

parliamentary government

a system in which the government is part of the legislature and the head of that government is therefore accountable to the legislature

• presidential systems → president is head of government and government does not need to interact with the legislature 

elective dictatorship

a state in which Parliament is dominated by the government (i.e. in a supermajority.) therefore meaning that bills almost always pass the house of commons (and due to their reduced powers, almost always pass through the lords and become law too)

administrative devolution

devolution wherein the devolved bodies simply apply laws made by central government as they see fit

legislative devolution

devolution wherein the devolved bodies have the power to create their own laws

power sharing

where multiple groups distribute politcal power amongst themselves as a way to help try and resolve conflict. consocialism as seen in NI is a form of power sharing.

Barnett formula

used by the treasury to determine the amount of funding per head given to each part of the UK. devised by Lord Barnett in 1978. 

West Lothian Question

the problem of Scottish MPs being able to vote in the House of Commons on matters that only affect England whilst English MPs have no say in devolved Scottish Matters.

House of Lords Act 1999

began reform of the house of lords to make it more democratic. influenced by 1997 → the lords delayed/dropped 88 bills. blair suggested that this was due to the tory majority in the lords, mostly hereditary peers

removed all but 92 hereditary peers

• these 92 were elected in

• once they die, no hereditary peers will remain in the lords.

Constitutional Reform Act 2005

1. seperated GOVERNMENT from the judiciary → lord chancellor was previously member of government, head of lords, head of judiciary. split into 3 roles

2. seperated PARLIAMENT from judiciary → created supreme court to replace law lords

3. reformed appointments to senior judiciary positions → no longer appointed by PM, lord chancellor but the judicial appointments commission (JAC)

Freedom of Information Act 2001

gives the public the right to request access information held by public authorities. 

created to try and build trust and confidence in the authorities. quite good at this, esp useful for journalists, but long delays and lots of denied requests

The Scotland Act 1998, The Government of Wales Act 1998, The Northern Ireland Act 1998

created develoved parliaments

The Human Rights Act 1998

put the ECHR into domestic law. set out the fundamental rights and freedoms everyone in the UK is entitled to.

Fixed Terms Parliament Act 2011

removed the PM’s prerogative to call a general election within 5 years of forming their government, instead elections called on a certain day in May 5 years after election. trying to ensure stability post-GFC

repealed in 2022 due to concerns of creating zombie parliaments. was easy to circumnavigate anyway (see Theresa May calling early election in 2017 due to a 2/3 vote)

The Wright Reforms

gave backbenchers increased powers, e.g by:

• having them review e-petitions

• bring forward parliamentary business 1 day a week

and also made select committee chairs elected, revitalising them. government therefore held to increased account (in theory)

Coalition additions to devolution

2014 Government of Wales Act gave control over business taxes and stamp duty. in 2015, Senedd also given power to make small changes to income tax.

Scotland Act 2016 extended power to the Scottish Parliament on many aspects of things like welfare, transport, income tax bands following 2014 independence referendum (55.4% No)

Police and Crime Commissioners and Metro Mayors

PCCs are politicians who’s job is to manage policing in a city region. They set the budget and appoint the chief constable. 

easier to hold an individual to account compared to a faceless authority, also tries to foster links between people and police

Metro Mayors began with the Mayor of London in 2000. There are now 16 metro may

Recall of MPs Act 2015

If MPs break the law or the ministerial code of conduct AND 10% of their constituents sign a petition for it (started by MPs), a by-election will be held to replace them

goal is to improve transparency, accountability and legitimacy

consociational

a system of government where several groups share power and have a constitutional responsibility to work together.

seen in NI assembly

European Union Act 2020

Made the Brexit Withdrawal Agreement with the EU binding in British law.

Previous Withdrawal Acts focused mainly on altering/removing EU law (2018) and extending the negociation period (2019)

Magna Carta, 1215

Established that:

• no-one is above the law, not even the king

• habeas corpus

Bill of Rights, 1689

establishes parliamentary sovereignty - ultimate authority

a constitutional monarchy

provisions for regular parliamentary sessions, free elections, fair court process

Act of Settlement, 1701

disqualified roman catholics from being on the throne and gave parliament authority to decide what to do in this scenario

further elevating parliament’s power - now hold some power over monarchy

Acts of Union, 1707

United England and Scotland’s legislatures and parliaments

• Wales had been conquered by England in 1200s

• 1801 → Act of Union with Ireland

Parliament Acts of 1911 and 1949

1911: deprived the House of Lords of the right to veto any piece of legislature.

if a law passed through the commons (agreed upon with a majority) 3 times within 2 years, approval of the lords not needed

1949: if a law passed through commons 2x in one year, didn’t need approval

European Communities Act 1972

UK joins the European Community, the precursor to the EU.