The Constitution
Nature and sources
key historical documents aiding the development of the constitution
Magna Carta (1215)
Bill of Rights (1689)
guaranteed further basic rights e.g. free elections, and laid out both rights of Parliament and limitations on power of Monarch. Includes no right to taxation without Parliament's agreement
Act of Settlement (1701)
Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants
Acts of union (1707)
two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland
Parliament Acts (1911/1949)
removed HOL the power to veto a bill instead Lords could delay a bill up to 1 year. The Parliament Acts define the powers of the Lords in relation to public bills. The Lords can't amend money bills
Signed by King John, the 'Great Charter' was a series of written promises between the king and his subjects. King agrees to govern England and deal with its people according to customs of feudal system.
unentrenched
no specific procedure of amendment
uncodified
not contained within a single written document
unitary
power is concentrated within a single body
'twin pillars'
parliamentary sovereinty
rule of law
5 main sources
statute law
common law
conventions
authoritative works
treaties
overrides other laws due to the principle of parliamentary sovereignty
'judge-made law' when deciding the outcome of a case, judges will use other cases to help determine their own verdict
non-legal established laws of conduct and behaviour - what is 'expected'
works written by scholars seen as experts in the constitution- they outline what is ‘correct’ for the UK constitution
international agreement
makes parliament the supreme legal authority in the UK which can create or end any law
all people, no matter position, are subject and help responsible to the law
Constitutional change since 1997
Labour 1997-2010
electoral reform
House of Lords reforms
devolution
Human Rights Act 1998
Supreme Court
European Convention of Human Rights part of statute law (1998)
Constitutional Reform Act
provided for a Supreme Court to
take over the role of the Law
Lords (2005)
Scottish Parliament and Welsh Assembly elected via PR were set up (1999)
Human Rights Act came into effect, fair trial and freedom of speech were written into law (2000)
House of Lords Act excluded all but 92 hereditary peers from sitting in the HoL (1999)
attempts to set up regional assemblies in England were abandoned after a referendum in the North East decisively rejected the idea (2004)
Freedom of Information Act gave citizens the legal right to access government information (2000)
Greater London Authority, consisting of London Mayor and Greater London Assembly was set up
A Northern Ireland Assembly was created as part of the Good Friday Agreement
Government of Wales Act gave law making powers
Lib/Con coalition 2010-15
Fixed Term Parliaments, Act 2011
further devolution to Wales
set general election dates to 5 years after the previous one
can be overridden by 2/3 of House of Commons, or vote of no confidence
Welsh Assembly was given more law-making powers following a referendum (2011)
major reform since 2015
Brexit (2016)
Article 50 and the withdrawal form the EU, agreed a deal on 24 December
Scottish devolution
government transferred more power to Scotland. This gave the Scottish government greater financial independence, new welfare powers and more legislative powers.
caused the proposal of English Votes for English Laws as an attempt to solve the Westloathian question
role and powers of devolved bodies in the UK, and the impact of this devolution on the UK
Northern Ireland and Executive
Scottish Parliament and Government
Welsh Assembly and Government
England
primary legislative powers over education, health, environment, law and order, and local government
does not control foreign affairs, defence or the constitution- these are known as ‘excepted powers’
tax-varying powers- income tax can be raised or lowered by up to three pence in the pound
Parliament has powers over all areas not specified as excepted powers
primary legislative powers over education, health, social services environment, and local government
do not have power over law and order, foreign affairs, defence or the constitution
no tax-varying powers and does not have power over areas not specifically excepted, only those specifically devolved
primary legislative powers over education, health, social services environment, local government, and justice
Foreign affairs, defence and the constitution are ‘excepted powers’
The Assembly also has reserved powers over some areas which may be transferred in the future including some consumer, medical and transport matters, but has no tax-varying powers
As part of the power-sharing agreement, powers must be shared between parties, according to a formula that allocates cabinet seats proportionately
West Lothian Question
England constituency MPs cannot vote on many matters affecting Scotland, Wales and Northern Ireland, however, Westminster MPs from these regions can vote on matters which potentially only affect England.
an extended range of powers is being devolved to a range of city-regions based on major cities such as Birmingham, Manchester and Bristol, often led by a directly-elected Mayor
Debates on Further Reform
individual reforms since 1997
extent for there to be further devolution in England
Whether the UK constitution should be changed to be entrenched and codified, including a bill of rights
Accountable government
Rule by judges
A ‘rights culture’
Artificial rights
Consensus on rights
Educational benefits
Politicisation
Liberty protected
for
against
address the issues of overcentralisation
previously been successful
strong regional identities
West Lothian question
decrease the likely-hood of the break up of the UK
could address problems with the Barnett formula
power may end up too fragmented
role and significance of UK parliament reduced
proposal of ‘English votes for English laws’ may solve the West Lothian question without the need for an English Parliament
little public appetite for English parliament
arguments over which regions to devolve
Giving regional governments more powers may actually accelerate demands for independence