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key historical documents aiding the development of the constitution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