Politics - UK Government - Constitution

what is a codified constitution, and a country that uses one

where all the provisions and laws are written in a single document eg US

what is an uncodified constitution

where a country’s laws are not contained in a single set of documents eg UK

quasi-federal

having many but not all the features of a federal constitution

parliamentary sovereignty

the idea that parliament has the final say on what the constitution contains

what are the twin pillars of the British Constitution

parliamentary sovereignty and rule of law

Constitution

rulebook that protects key principles

what does a unitary constitition mean

most power lies with the centre

what is statute law

acts passed by Parliament, most important source of British Constitution

what is common law

law based on custom and court decisions

works of authority definition and eg

legal texts written by respected legal scholars eg Dicey’s work on the twin pillars

royal prerogative definition and eg

residual powers in the name of the crown eg Johnson having to ask the Queen to prorogue Parliament during Brexit

conventions definition

unwritten rules and practices followed by politicians and institutions

Magna Carta 1215 summary

first time monarch was established as not above the law, big step towards democracy

Bill of Rights 1689 summary

deal between parliament and new monarchs including free speech and no taxation without parliament’s agreement, increases power of parliament

Act of Settlement 1701 summary

ensured a Protestant succession to the throne, highlights growing influence of Parliament

Parliamentary Acts 1911 + 1949summary

reduced power of House of Lords by ending their ability to veto legislations, however did not address fundamental issue that it was composed of unselected individuals given their position through accident of birth

Human Rights Act 1988 summary

incorporated the European convention on Human Rights (ECHR) into UK law, strengthening protection of individual rights

Devolution Acts 1998 summary

gave Scotland, Wales and Northern Ireland their own legislations and governments, transferring power away from Westminster

Constitutional Reform Act 2005 summary

increased judicial independence by creating the Supreme Court

Freedom of Information Act 2000 summary

gave individuals greater access to information held by public bodies

what did the Fixed-term Parliaments Act (FTPA) 2011 do

removed the traditional right via the royal prerogative for the PM to seek a dissolution of parliament and call an early election with the monarch’s permission

when and why was the FTPA removed

2022 - parties argued it ‘stifled democracy’ and led to political paralysis

successes in the modernisation of political institutions post 1997

• house of lords is smaller, more diverse and less conservative-dominated

• creation of supreme court has enabled clear separation between executive and judiciary

• increasing notion of gender equality, even in royal family

failures in the modernisation of political institutions post 1997

• reform of house of lords remains incomplete, attempts to build on 1998 reforms have been unsuccessful eg in 2012

• supreme court has given unelected and unaccountable judges more power

successes in democratisation post 1997

• greater autonomy to large cities like Manchester, propelled by key figures like Burnham

• greater variety in representation of parliaments

failures in democratisation post 1997

• cities such as Sheffield and Bristol have still voted against the idea of a mayor

• mayoral referendums have received very low turnouts

• provisions of the FTPA were easily overcome in 2017 and 2019

successes in human rights changes post 1997

• increased awareness and visibility of rights, especially for minority groups

• public bodies and powerful constitutions have been made more accountable and responsible

• supreme court has increased protection of citizen’s rights

failures in human rights changes post 1997

• expansion of rights has led to clash between individual and collective rights

• many requests for information are still declined, contradicting the FoA Act

• some measures eg Public Order Act 2023 could be seen as restricting human rights

successes in devolution post 1997

• worked especially well in Scotland and Wales

• support for devolution has increased - 10% increase in support of Welsh voters from 1995-2011

• has helped to end conflict in Northern Ireland after the troubles

failures in devolution post 1997

• policy disagreements in Northern Ireland have caused the Assembly to be suspended on two occasions

• support for devolution in England has not increased