UK GOV: Topic 1 - Constitutions 📜

Constitution definition

Set of rules and principles that establish how a state is governed and the relationship between the state and its citizens.

Codified vs uncodified

Written in a single document vs spread out across many works

Principles and precedents

Principles = broad ideas

Precedents = expected and established past action based on past events

Examples of principles

Parliamentary sovereignty - parliament holds the ultimate power in the country, makes the final decisions

individual rights

Rule of law

Examples of precedents

Government resigns if losing vote of confidence

Courts following the precedent of similar cases to come to decision

Royal assent (kings final passing of laws) is always granted

PM is from the commons

4 aims of comstiutions

• Give power to individuals

• Limits those in power, protects the common people

• Highlights the branches of government

• Highlights the countries values

How does the uk constitution give power to individuals

Human rights act (ECHR) 1998

Giving individuals the right to vote (representation of the people act, 1918, 1928, 1969)

How does the constitution limit power

Made the king liable to law (Magna Carta 1215), also means the government is under law

Parliamentary scrutiny

Regular elections

Separate judiciary

How does the constitution highlight the governments branches

It splits the government into 3 distinct branches

Legislative

Executive

Parliament

Constitutional reform in 2005 made the Supreme Court the highest judicial power instead of the party aligned lords

How does the constitution highlight the countries values

Emphasises core features and rules that dictate how the governments and populace of a country should behave

In America liberty, justice, democracy, social mobility - land of the free, American dream

Authoritative

The supreme law of the land

A law is authoritative if it has been passed by parliament

Entrenched

Difficult to amend, usually requiring a formal legal process

Unlike the US constitution 🇺🇸 the UK constitution is mostly not entrenched

Notable entrenched acts are human rights, acts passed on devolution, Sewell convention

Judiciable

Issues that are able to be definetly decided in the court of law (typically the Supreme Court)

What are the two pillars of UK constitution

Parliamentary sovereignty and the rule of law

Parliament can make or repeal any law and the people have to follow or else

Magna Carta

A bill signed by king John in 1215 establishing the idea that the king is subject to the law, and protecting the lords legally.

Laid the groundwork’s for future democratic principles

Bill of rights

1689

Establishes parliamentary sovereignty over the crown

Outlawed royal interference on taxation, legislature, or standing armies without parliaments consent

Act of settlement

1701

Further decreased the monarchs power, judges held office because of good behaviour, not at the monarchs will

Other limits on royal power

Was mainly put in place to ensure Protestant succesion

Acts of union

1707

Unified Scotland and England

Single Westminster parliament

Scotland kept its own legal and church systems but lost its parliaments

Parliament acts

1911 and 1949

Removed the lords power to veto bills, collectively allowing them to only delay bills by one year

The lords can also not interfere with money bills

Five main sources of UK

Statute law

Common law

Conventions

Authoritative works

Treaties

Statue law

Acts of parliament →laws that end with the word act

courts can make decisions according to that law

Pros of statute law + examples

Popular legitimacy - people voted for the parliaments which make up the laws

A new contradictory law that is made replaces the old one - doctrine of implied repeal

Codified and written making it clear

Flaws in statue law + examples

Governments are replaced often, which means statute laws may not last very long - this is mostly a strength

Words can be imprecise

A lot of laws are made which are not properly thought through:

• ID cards act (2006), was considered legally flawed regarding privacy rights and was repealed

• Dangerous dogs act (1991),

Common law

Laws which are made through judicial decision

Judges will make decisions based on previous

Pros of common law + examples

• Fills in the gaps that statue law does not cover- before 2019, up-skirting was only prosecuted because of common law offence of outrageous public decency

• Non partisan

• Judges are often very experienced, legal experience which politicians may lack

• Can evolve gradually rather than changing abruptly, evolve with every judge decision

Flaws of common law

Judges hold their positions undemocratically

Judges are less representative in MPs, much higher percentage of white compared to ethnic, men compared to women, higher mean age, more consistent in backgrounds

JAC aims to improve diversity

Pros of convention

Can be flexible

Promote good behaviour- IMR and CMR

Flaws of conventions

Can be ignored, especially where there is a majority in parliament:

• Multiple BREXIT acts have been passed without Scotlands consent (goes against the Sewell convention)

• Respect for judicial independence challenged in BREXIT also, media and politicians attacking judges

Royal prerogative

Set of powers traditionally held by monarch, now held by PM and cabinet:

PM can appoint and remove members of cabinet

PM can prorogue parliament (but shouldn’t do so to avoid scrutiny which Johnson did in 2019)

Doesn’t have to consult parliament when deploying armed forces- Rishi Sunak Houthi rebels

Pardoning (Alan Turing was pardoned in 2013 by Cameron while other homosexuals remained in prison)

Constitutional reforms under New Labour 🔴🇬🇧

House of Lords reforms

Devolution

Human rights act

Electoral reforms

Creation of the Supreme Court

House of Lords reforms under New Labour

HOL act 1999:

• Removed most (over 600) hereditary peers

• Left 92 hereditary peers as compromise

• More legitimate and merit based, less conservative opinions

Set up HOL appointments commission and appointed non party political cross bench peers

Wanted HOL to become elected but did not achieve this❌

Electoral reforms/ democratisation

• democratisation = process of enhancing democratic systems

• European Parliament elections are held using the D’hondt method - more proportional✅

• Devolved assemblies and elected mayors are given more proportional voting systemsd✅

• Reverted back to using STV under the Good Friday agreement✅

• Mixed system used in Wales✅

HoL reform unfinished❌

No electoral reform to general election, not in the parties interest❌

Increased trust in government, gave the people more say, modern image

Devolution

The Process of delegating power to specific regions of a state, but in the UK, legal authority remains with Westminster

What referendums were held by new Labour to devolve regions

• Scotland 🏴󠁧󠁢󠁳󠁣󠁴󠁿-74% in favour✅ Holyroad

• Wales🏴󠁧󠁢󠁷󠁬󠁳󠁿- 50.3% in favour✅Senedd Cymru

• N. Ireland🇬🇪- 71% in favour✅Stormont

• London🌃- 72% in favour✅ Creation of Greater London assembly, London mayor

Pros and cons of devolution, apart from obvious

• Assemblies in Scotland and wales were likely to be labour dominated, Wales moreso ✅Scotland more dominated by SNP❌, but still keeping out conservatives

• Aimed to satisfy calls for regional independence, delayed Scottish demands✅ but SNP grew and there was referendum in 2014❌

• Policies can moreso be tailored to local needs, depending on area, people get different levels of service. ✅Free prescription in Scotland and Wales, not free in England. West Lothian question❌

• Power sharing in Northern Ireland contributed to peace deal✅, but Parliament is often suspended because of political disagreements❌

What is the West Lothian question and EVOL

West Lothian question- Why do MPs from devolved regions get to vote on Westminster legislation, but English MPs cannot vote on devolved regions legislation? 🤔

EVOL- David Cameron’s answer to this question, ensured laws affectectimg only England and wales would only be voted on by MPs representing English and Welsh constitutuencies. The speaker determines and a committee, and a house vote determines whether the bill gets EVOL status.

Devolution in England

• Creation of metro-mayors, like Andy Burnham, more tied to the area

• Allows for more locally tailored policy, better coordination of services, in Manchester, Burnham has increased transport and health service

• MPs don’t hold executive postition, and focus on international law instead

Cameron constitutional reforms 🔵

• EVOL

• Referendums, BREXIT 👍2014 Scottish independence referendum👎AV referendum (replacing FPTP with AV)👎

• Fixed term act, scheduled election every 5 years✅

• Wright reforms, increased scrutiny✅

• Further devolution in wales, aligning it more-so to Scotland.

• Failed to replace human rights with bill of rights❌

• Also tried to move toward a more elected upper chamber in HoL❌

• Didn’t really enact big society❌

Unforeseen consequences of Brexit

• Defied the Sewell convention, Scotland voted remain but still were forced to leave. However it is only a convention, that say parliament wil not normally legislate on devolved matters

• Threatened the Good Friday agreement, meaning the Windsor framework had to be created

• Supreme Court had to get involved more

Johnson constitutional reform🚌

Tried to increase the PMs power in various ways

• Restored PMs power to call automatic elections without parliament vote

• Attempted judicial reforms which would weaken courts power to scrutinise government, failed because of Miller case

• Introduced voter ID

Sunak constitutional reform🚶🏾‍♂️‍➡️

• Devolution in N.Ireland- Adjusted Northern Ireland arrangements after Brexit. Windsor agreement🤝

• Devolution- Extended metro mayor system in England

• limited ability for immigrants to claim asylum

• Rwanda bill passed, as well as Rwanda safety bill to try stop courts from blocking it, was cancelled by new Labour in 2024

Starmer constitutional reform

• Put in place a bill which will completely remove hereditary peers

• Advocated for ‘radical federalismf, more elected mayors, more regional control. Comes from the Brown commision

• Devolved control over transport, housing and employment somewhat

• Proposal on decreasing judicial review over proposed infrastructure

• Proposal for higher level scrutiny on MP behaviour

What is a policy laboratory

A policy is tested on a smaller scale in a devolved region, and if successful later adopted across the whole country. Is only possible because devolution gives local leaders executive powers which MPs of constituents lack

Examples of policy laboratory

• Scotland banned indoor smoking in 2006. Health act passed in 2007🚬

• 2011 Welsh charge on single use plastic bags was adopted by UK in 2015, after used droppped in wales by around 70%🛍

Arguement for and against ECHR being replaced by Bill of Rights

• FOR: restores parliamentary and UK sovereignty, reducing European influence, stronger stance on issues like immigration, more tailorable, easier to do so after BREXIT and may have been peoples desired outcome when voting to leave✅

• AGAINST: increases the risk of people’s rights being changed by parliament, government power unchecked, affects countries reputation on international stage, reduced power of Supreme Court❌

• Rights wouldn’t be interpreted through ECHR framework, European courts could not be appealed to- EXAMPLE, Rwanda 🇷🇼🇷🇼❌

Should devolution be extended in England